MOHAMMAD RAFIQ, J.

1. The appeal being D.B. Civil Miscellaneous Appeal No. 5935/2018 on behalf of the appellant-wife Smt. Palak Jain has been filed under Section 19 of the Family Court Act, 1984, praying for quashment and setting aside the order dated 28.11.2018 passed by the Judge, Family Court No. 1, Jaipur, whereby the application dated 14.11.2018 filed by both the parties for cooling off the period of six months, was dismissed.

2. It is contended that the appellant-wife filed an application under section 13B of the Hindu Marriage Act on 12.11.2018 seeking divorce from the respondent-husband with mutual consent, which was posted to be listed before the court on 13.05.2019, i.e. after six months. Both the parties moved an application on 14.11.2018 for waiver of six months cooling period on the ground that there is no possibility for the parties to live together and they have been living separately from 18.10.2014 and 12 cases are pending between them in different courts. Ignoring those facts, the Family Court rejected the application on the ground that the parties have moved the application just after two days of its filing.

3. Learned counsel for both the parties submitte